A mandate to buy medical insurance crosses a line between regulating action and inaction, between regulating those who have entered a market and those who have not, one that the Court and Congress have never crossed before.” Thus, there is more to the individual mandate than regulating “inactivity,” which it does and is troubling on its own. The individual mandate compels commerce under penalty of federal law. Consequently, once Congress forces the private individual into the stream of commerce, there is virtually no limit to Congress’ authority to then regulate the person under extant Commerce Clause jurisprudence... Excerpt from Supreme Court brief.